Johnson v. State

Appeal
from the Circuit Court of Cape Girardeau County Honorable
Benjamin F. Lewis

Philip
M. Hess, Judge

Introduction

Tyler
Johnson (Movant) appeals from the judgment of the circuit
court of Cape Girardeau County denying his Rule
24.035[1] motions for post-conviction relief without
an evidentiary hearing. In his sole point on Appeal, Movant
argues that the motion court clearly erred in denying his
motions because he pleaded facts, unrefuted by the record,
that his counsel induced his guilty plea by incorrectly
promising him that the sentencing court would impose a
sentence of no more than 120-days of drug treatment under
§ 559.115. Movant further asserts that the sentencing
court's failure to conduct a Rule 29.07(b)(4) inquiry
requires this Court to remand for an evidentiary hearing.
Finding no error, we affirm.

Factual
Background

On
September 27, 2014, Movant robbed a man in his home. During
the robbery, Movant threatened the man with a gun and
forcibly stole his cash and credit cards. On September 28,
2014, Movant entered a Dollar General in Cape Girardeau in
the early morning hours. Movant flourished a gun at one of
the store's workers and demanded money, which he
received.

Movant
was arrested and charged with two counts of first-degree
robbery, one count of kidnapping, one count of second-degree
assault, and four counts of armed criminal
action.[2] In November 2015, Movant pleaded guilty
pursuant to a plea bargain he entered into with the State. As
part of the plea bargain, Movant agreed to plead guilty to
his two robbery charges, with the State dismissing all
non-robbery charges and agreeing to a fifteen-year cap on his
sentences with each sentence to run concurrently.
Movant's two petitions to plead guilty specified that he
understood the range of punishments he could receive were ten
to thirty years' imprisonment or life, but that that the
State was agreeing to recommend a 15-year sentence. The
petitions also stated that

[i]f anyone else made any promises or suggestions, except as
noted in the previous sentences, I know that he had no
authority to do it. I know that the sentence I will receive
is solely a matter within the control of the Judge . . . . I
am prepared to accept any punishment permitted by law . . . .

Movant signed each page of his petitions to plead guilty.

The
plea court conducted a hearing, during which it questioned
Movant about his knowledge of his rights and the
voluntariness of his plea. During the hearing, the following
exchange took place:

[Plea Court]: Has anybody promised you anything other than
the plea agreement to get you to plead guilty?

[Movant]: No, sir.

[Plea Court]: Has anybody threatened you or threatened anyone
you care about to get you to plead guilty?

[Movant]: No, sir.

[Plea Court]: Has anybody told you that anything to do with
these cases is a secret and you're not supposed to ...

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